ORDINANCE NO. 2003 - 74
AN ORDINANCE GRANTING SPECIAL USE PERMIT APPROVAL TO
ALLOW A DROP OFF CHILD
CARE CENTER AT WEStFiELD SHOPPINGTOWN FOR PROPERTY
LOCATED AT 122 HAWTHORN CENTER, IN THE VILLAGE OF VERNON HILLS, LAKE COUNTY.
WHEREAS, Westfield Shoppingtown-Hawthorn, representing the business owner Shannon Witt/Timeout LLC
in regard to 122 Hawthorn Center, Unit 130 said property legally described in Exhibit A,
has petitioned the Village of Vernon Hills to grant approval of a special use permit to
allow for the operation of a “drop-off” childcare center at the Westfield
Shoppingtown – Hawthorn property.
WHEREAS, said approval will allow Shannon Witt/Timeout LLC to operate a “drop-off” childcare center in the space at the
proposed location;
and
WHEREAS, upon due notice and after public hearings held
September 24 and October 8, 2003 and continued from time to time by the
Planning and Zoning Commission of the Village of Vernon Hills, pursuant to the
Vernon Hills Zoning Ordinance of 1982, as amended, said Planning and Zoning
Commission has filed its report concerning said petition and recommended
approval of the special use permit to allow a “drop-off” childcare center at
the Westfield Shoppingtown – Hawthorn property and to allow Shannon
Witt/Timeout
LLC to operate a “drop-off” childcare center in the space at the
proposed location
as a special use,
subject to certain conditions; and
WHEREAS, based upon the
evidence adduced at said hearings and in their application, the petitioner has
entered into the record evidence and findings of fact that addresses the
conditions in Section 18.3.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, COUNTY OF LAKE AND STATE
OF ILLINOIS:
SECTION I. Pursuant to
the Vernon Hills Zoning Ordinance of 1982, as amended, the special use permit for a
“drop-off” childcare center at the Westfield Shoppingtown – Hawthorn is granted
to Shannon Witt/Timeout LLC to operate as a special use at the proposed location as described in Exhibit A, is hereby granted, subject to the following conditions:
a)
General
compliance with the written responses submitted by the petitioner and Ms. Witt
and attached as Exhibit B.
b)
Periodic
checks by the Building Division to confirm pager reception throughout the mall
c)
Maximum
child occupancy load shall be based on DCFS ratios as they relate to the square
footage of the facility and caregiver ratios. The occupancy load shall not be
exceeded more than one time during a day.
The Building Division shall confirm by periodic checks the occupancy.
The facility shall keep records, of the number of children being cared for, on
a daily basis, which shall be available for inspection by the Village upon
reasonable request.
d)
Construction
of the facility shall be in substantial conformance with the detailed plans for
the tenant space prepared by SDA and dated August 29, 2003, except as changes
may be required to conform the plans with plumbing or other codes as determined
by the Building Department. Said plans
consist of Pages AN1-3, A1.0, A2.0, A3.0, E1.0 and E2.0 and are attached as
Exhibit C.
e)
The
pick up and drop off procedures will remain in effect as specified in Exhibit
B.
f)
Certificates
of insurance shall be provided to the Village prior to issuance of a
certificate of occupancy.
g)
The
normal hours of operation shall be as follows:
Monday thru Friday 10AM to 8PM, Saturdays 10AM-6PM and Sundays 12 Noon
to 5PM. If the mall opens earlier
during the holiday season or for a special event(s) occurring within the mall
property, the facility can open earlier in conformance with the business hours
of the mall.
h)
The
operations manual as setforth in the hearings shall be made part of the
conditions of approval and adopted by reference as Exhibit C.
i)
The
requirement for AED and CPR certification of all of your staff.
j)
The
special use is hereby granted specifically to Shannon Witt/ Timeout LLC. Any
change in the members of the LLC, or sale of the business shall require written
approval by the Village. Prior to any change in ownership, the Village may
require a hearing to ascertain the fitness of the new owner. Any change in
ownership without written authorization by the Village shall be deemed to be a
violation of the conditions of the Special Use, and the Special Use Permit
shall be considered revoked. In such case the Building Division shall have the
right to revoke the certificate of occupancy of the facility.
k)
Statements
from the mall with regard to procedures when a parent of guardian violates pick
up or paging requirements.
l)
On
an annual basis, the petitioner and/or business owner shall submit a report
certifying that the maintenance and operations manual remains in place and
shall list all changes or amendments to said manuals. The date for submission of the report shall be established by the
final certificate of occupancy as issued by the Village. The manuals shall be made it available to
the Building Department or the Village Staff for it's review upon reasonable
notice by the Village. Said access to
the manuals shall not be unreasonably denied.
m)
No
child shall be present within the facility for more that a total of 4 hours per
day.
n)
Verification
that the pager system has reception throughout the mall will be done by the
Building Division prior to the issuance of a Certificate of Occupancy.
o) Compliance with all
ordinances and standards of the Village unless otherwise specified herein.
p) Any violation of any
condition of the special use shall be deemed cause for the Village to hold a
hearing on revocation of the special use. Revocation of the special use shall
allow the Building Commissioner to revoke the facility’s certificate of
occupancy. If the Building Commissioner, pursuant to complaints, or inspections
by the Village or other municipal entity (Lake County Dept of Health, Fire
Protection District, etc) becomes aware of a situation which he deems can be
substantially detrimental to the health, safety or welfare of the children in
the facility, he may summarily have the facility closed, so long as a hearing
on the alleged violations is held within 7 days before the Village Board.
SECTION II. SEVERABILITY. In the event
that any section, clause, provision, or part of this ordinance shall be found
and determined to be invalid by a court of competent jurisdiction, all valid
parts that are severable from the invalid parts shall remain in full force and
effect. If any part of this ordinance
is found to be invalid in any one or more of its several applications, all
valid applications that are severable from the invalid applications shall
remain in effect.
SECTION III.
REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances
in conflict herewith are hereby repealed; provided, however, that nothing
herein contained shall affect any rights, actions or causes of action which
shall have accrued to the Village of Vernon Hills prior to the effective date
of this ordinance.
SECTION IV.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage, approval and publication as provided by law.
SECTION V. ORDINANCE
NUMBER. This ordinance shall be known as Ordinance Number 2003-74.
Adopted by roll
call vote as follows:
AYES:
NAYS:
ABSENT AND NOT
VOTING:
_________________________
Roger
L. Byrne
Village
President
PASSED:
_____________________________________
APPROVED:
__________________________________
PUBLISHED IN
PAMPHLET FORM: ______________
ATTEST:
_________________________
Jeanne M.
Schwartz
Village Clerk